| B07—memo | Correct opinion event, filing and service | Claim considered under rule | Rehearing automatically suspends filing | Determine whether withdrawal, replacement, or modification of an opinion creates a new cost-memorandum trigger, and identify any authority permitting relief from the stated nonfiling waiver. Keep those questions distinct from merely filing a rehearing or review petition. The actual opinion, filing, and service events remain absent. | Fresh: IAR 40(c), https://isc.idaho.gov/rules-procedure/print/iar/40. P30-only: IAR 38(a), (d), https://isc.idaho.gov/rules-procedure/print/iar/38. Held: changed-opinion and waiver-relief construction; no actual event determination.
Idaho Supreme Court |
| B08—objection | Proper service event and specified grounds | Court determination | Trial-rule objection waiver copied wholesale | Identify the authority governing late objections, court-initiated review of claimed costs, and objections to a later amended taxation statement. Determine whether any civil-rule waiver provision governs the particular appellate or remanded proceeding, rather than treating silence in the appellate rule as either automatic waiver or unlimited objection rights. | Fresh: IAR 40(d), https://isc.idaho.gov/rules-procedure/print/iar/40; fee-amount incorporation in IAR 41(d), https://isc.idaho.gov/rules-procedure/print/iar/41. P30-only: IRCP 54(d)(5), https://isc.idaho.gov/rules-procedure/print/ircp/54. Held: late-objection and post-taxation procedure. Actual service and objection contents are absent.
Idaho Supreme Court
+1 |
| B09—first brief | Timely claim or permitted later claim | Fee-right request | Claim alone supplies substantive entitlement | Clarify the public-law standard and permissible conditions for allowing a later fee claim, including whether amended or replacement briefing changes the first-brief requirement. Independently identify the applicable substantive fee source. Actual brief contents, a later-permission order, and the substantive predicates cannot be supplied by this generic inquiry. | Fresh: IAR 41(a)–(c), https://isc.idaho.gov/rules-procedure/print/iar/41. P30-only: IAR 35(a)(5), (b)(5), https://isc.idaho.gov/rules-procedure/print/iar/35; IRCP 54(e)(1), (8), https://isc.idaho.gov/rules-procedure/print/ircp/54. Held: later-claim construction and substantive entitlement.
Idaho Supreme Court |
| B10—§12-120(1) | Pleaded threshold/demand/tender predicates | Statutory fee branch | Award amount substitutes for pleaded amount | Recover the complete current official subsections and material application history. Resolve how “amount pleaded” operates with amended pleadings or multiple demands, what the written-demand predicate requires, and how the precommencement-tender proviso affects an appellate fee claim. Do not substitute an award for the pleaded measure or invent pleadings, demand, tender, or award facts. | P30-only, secondary: Idaho Code § 12-120(1)–(2), https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-120/. Historically failed official route: https://legislature.idaho.gov/statutesrules/idstat/Title12/T12CH1/SECT12-120/. Unread/held: current official body, necessary enacted application clauses, aggregation/amendment and appellate-consequence construction. No fresh attempt was made. |
| B11—§12-120(3) | Covered obligation and no contrary law | Possible mandatory reasonable fee | Personal-purpose definition erases every listed category | Resolve the relationship between the separately enumerated obligation/contract categories and the defined commercial-transaction category. Identify any expressly applicable contrary law, consumer-credit limitation, instrument rule, or sector-specific nonwaiver provision before selecting a fee branch. Actual obligation classification and contractual facts remain absent; no private instrument is to be inspected. | P30-only, secondary: § 12-120(3), including its definitions and contrary-law qualification, https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-120/. Unread/held: current official text and the particular consumer, instrument, or sector incorporation required by a legally specified category. No such category is established here. |
| B12—§12-121 | Prevailing status and required finding | Discretionary reasonable fee | Losing proves frivolity | Recover the current official statute and final 2017 enactment/application clauses. Resolve whether the pertinent inquiry concerns the appeal, the entire action, or identified issues; which court must make the finding; and when IRCP 54(e)(2)’s written-findings requirement governs a direct appellate award or an amount remand. Keep actual conduct and prevailing status unassessed. | P30-only, secondary: § 12-121, https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-121/. P30-only official rule: IRCP 54(e)(2), https://isc.idaho.gov/rules-procedure/print/ircp/54. Held original: final 2017 Idaho Session Laws chapter 47, relevant amendment, repeal, effectiveness, and application provisions; P30’s introduced mirror is not that final act. |
| B13—public actor | Defined adverse parties and statutory conditions | Applicable §12-117branch | Every government participant has identical standard | Authenticate the current definitions and determine which distinct statutory branch governs a generic government/private, government/government, or partially successful proceeding. Resolve the subsection (7) cross-reference without changing either statute’s threshold. Complete the budget-insufficiency incorporation only if necessary. The actual actor’s legal capacity and adverse-party relationship remain absent. | P30-only, secondary: § 12-117(1)–(7), https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-117/; § 67-5201(4), https://law.justia.com/codes/idaho/title-67/chapter-52/section-67-5201/. Unread/held: § 67-2018 and title 6, chapter 9 for the identified budget-insufficiency branch; constitutional-function and current-official-text limits remain. |
| B14—contract | Lawful applicable fee term and authority | Possible contractual source | Boilerplate or alleged agreement proves entitlement | Identify the generic public law governing enforceability and appellate scope of a fee term, including any necessary reciprocity, assignment/successor, consumer, or sector-specific nonwaiver rule. Keep substantive contract authority separate from procedural permission to request fees. Without an actual lawful term and applicable category, generic research cannot establish contractual entitlement; no contract is requested or constructed. | P30-only official rule: IRCP 54(e)(1), (8), https://isc.idaho.gov/rules-procedure/print/ircp/54. Fresh procedural reference: IAR 41(b)–(c), https://isc.idaho.gov/rules-procedure/print/iar/41. Unread/held: applicable substantive contract and overriding sector law. Absent fact: lawful fee term and authority to invoke it. |
| B15—amount | Competent support and applicable factors | Judicial amount determination | Claimed method or invoice proves necessity | Identify the required detail and competent support for the computation affidavit, when additional evidence or a hearing is authorized, and whether the Rule 54(e)(3) factors govern the direct appellate determination, a remand, or both. Distinguish an asserted computation method from judicial evaluation of reasonableness and necessity. No billing material or service facts are supplied. | Fresh: IAR 41(d), https://isc.idaho.gov/rules-procedure/print/iar/41. P30-only: IRCP 54(e)(3), (5)–(6), https://isc.idaho.gov/rules-procedure/print/ircp/54. Held: direct-appellate versus remand incorporation, proof sufficiency, and amount-setting construction.
Idaho Supreme Court |
| B16—allocation | Compensable claims/work and governing standard | Conditional apportionment | Universal percentage or multiplier | Identify the authority for separating compensable from noncompensable claims, parties, and appellate work, including inseparable common work, mixed success, cross-appeals, work concerning fees, and avoidance of duplicate recovery. Determine what findings support allocation under the applicable source. Do not invent a percentage, multiplier, segregation formula, or actual work history. | P30-only: IRCP 54(d)(1)(B), (d)(2), (e)(3), https://isc.idaho.gov/rules-procedure/print/ircp/54; secondary § 12-117(2), https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-117/. Fresh: IAR 41(d), https://isc.idaho.gov/rules-procedure/print/iar/41. Held: allocation, common-work, fee-litigation, and duplicate-recovery construction. |
| B17—fee waiver | Actual lawful waiver and statute | Initial payment relief | Immunity from later adverse award | Recover current official § 31-3220 and resolve the relationship among initial payment relief, any later public-fund reimbursement or repayment obligation, and an adverse cost/fee judgment under subsection (8). Identify a separate actor-specific waiver statute only when its generic scope is established. An actual waiver order, statutory status, or ability-to-pay predicate cannot be inferred. | P30-only, secondary: § 31-3220(1)–(8), https://law.justia.com/codes/idaho/title-31/chapter-32/section-31-3220/. P30-only official rule: IAR 23(c)–(e), https://isc.idaho.gov/rules-procedure/print/iar/23. Unread/held: current official statutory chain and any independently necessary special waiver provision. No financial inquiry or record request. |
| B18—signing sanction | Specific certification violation and process | Appropriate sanction | Every defective paper automatically yields fees | Identify the procedural and constitutional authority for notice, opportunity to respond, required findings, and amount determination on a party motion versus court initiative. Distinguish signer, represented party, award recipient, and expenses causally attributable to the challenged filing. Do not import another rule’s safe harbor or infer a violation from an unsuccessful paper. | P30-only official: IAR 11.2(a), https://isc.idaho.gov/rules-procedure/print/iar/11.2; IAR 32, particularly (c)–(f), https://isc.idaho.gov/rules-procedure/print/iar/32. Unread/held: complete sanction due-process and severity standards; ICAR 59 if the separate referral branch becomes indispensable. Actual conduct is absent. |
| B19—record sanction | Irrelevance, vexatious/unreasonable enlargement, cost effect | Defined cost denial/sanction | Every unused document sanctionable | Clarify the required distinction between material not ultimately used and material whose irrelevant inclusion vexatiously or unreasonably increased expense. Identify the necessary findings, permitted sanction targets and recipient, causal expense limits, and process for denying costs versus imposing a monetary sanction. No record contents, designation, or cost increase may be assumed. | P30-only official: IAR 19(e), https://isc.idaho.gov/rules-procedure/print/iar/19. Unread/held: construction of the stated conduct and cost predicates, target/recipient authority, and constitutional process beyond the express notice-and-response clause. No record audit. |
| B20—nonappearance | Applicable actor/event and lawful determination | Possible sanction | Nonappearance proves merits | Determine which consequences address party absence, counsel’s failure to appear, or failure to file a brief. For a monetary sanction, identify the required notice, opportunity, applicable excuse or fault considerations, proper target and recipient, causal work, and amount findings. Do not convert procedural nonparticipation into proof of the underlying claim. | P30-only official: IAR 37(d)–(e), https://isc.idaho.gov/rules-procedure/print/iar/37; related nonjurisdictional consequence boundary in IAR 21, https://isc.idaho.gov/rules-procedure/print/iar/21. Unread/held: complete sanction-process and amount construction. No appearance or briefing event exists for evaluation. |
| B21—§12-123 | Appellate applicability not authenticated | Held boundary | Trial period becomes IARfee deadline | Resolve whether § 12-123 reaches conduct and fees in an appellate proceeding or instead governs the originating civil proceeding; identify the competent court and the meaning of its trial/judgment references if appellate application is legally established. Until then, retain its timing and remedy provisions as an uncompleted applicability question, not an IAR deadline or independent appellate entitlement. | P30-only, secondary: complete § 12-123(1)–(4), https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-123/. Fresh procedural comparison: IAR 41, https://isc.idaho.gov/rules-procedure/print/iar/41. Held: current official statute and appellate-reach construction; no case/opinion research. |
| B22—electronic correction | Rule-specific timely request and proof | Conditional relation back | Technical allegation automatically excuses | Determine which correction provision governs a rejected cost/fee memorandum or objection versus a technical failure of receipt. Identify the required request, proof, decision-maker, and relation-back effect, then reconcile that effect with the applicable cost/fee filing requirement and any express waiver. Do not equate relation back with an automatic extension or infer any system event. | P30-only official: IREFS 13 and 14, https://isc.idaho.gov/rules-procedure/print/irefs/13 and https://isc.idaho.gov/rules-procedure/print/irefs/14. Fresh interface: IAR 40(c)–(d), https://isc.idaho.gov/rules-procedure/print/iar/40; IAR 41(d), https://isc.idaho.gov/rules-procedure/print/iar/41. Held: event-specific interaction and actual proof. |
| B23—counting | Correct event, method and applicable rule | Scoped computation | Universal mail/after-hours addition | Determine separately the computation rules for an opinion-based memorandum, a service-based amount objection, and an objection to an extension. Establish whether mailing or late electronic service changes each particular period and whose service qualifies. Preserve Rule 46’s objection reference to motion service. Current holiday authority and any inaccessibility incorporation must be authenticated before a calendar could be determined. | P30-only official: IAR 22, https://isc.idaho.gov/rules-procedure/print/iar/22; IRCP 2.2, https://isc.idaho.gov/rules-procedure/print/ircp/2.2; IREFS 17(h), https://isc.idaho.gov/rules-procedure/print/irefs/17; IAR 46, https://isc.idaho.gov/rules-procedure/print/iar/46. Held: current official §§ 1-1607/73-108, scope reconciliation, and actual service/closure facts. |
| B24—remittitur | Actual award and later determination | Ministerial insertion/transmission | Unresolved amount always blocks finality | Identify the procedure for a later or amended taxation statement after remittitur: judicial versus clerical responsibility, service or notice, any objection or reconsideration opportunity, and transmission to the receiving court. Distinguish correcting an amount statement from changing fee entitlement or reopening appellate merits. Do not invent an additional response period or actual award. | Fresh: IAR 40(f), https://isc.idaho.gov/rules-procedure/print/iar/40; IAR 41(d), https://isc.idaho.gov/rules-procedure/print/iar/41. P30-only: IAR 38(d), https://isc.idaho.gov/rules-procedure/print/iar/38; secondary § 12-114, https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-114/. Held: complete post-taxation correction/review procedure.
Idaho Supreme Court
+1 |
| B25—advance | Proper authority/order and later review | Provisional amount possible | Advance settles ultimate fee entitlement | Identify the substantive source and procedural predicates for a lower-court advance of appellate fees or costs, including notice, support, and the order’s provisional scope. Resolve how a later appellate entitlement/amount determination affects credit, adjustment, repayment, or other treatment of an advance, without assuming that any such remedy automatically exists. Distinguish trial-level fees from appellate advances. | P30-only official: IAR 13(b)(9), (b)(12), https://isc.idaho.gov/rules-procedure/print/iar/13. Fresh comparison: IAR 41(b)–(d), https://isc.idaho.gov/rules-procedure/print/iar/41. Unread/held: substantive advance authority and adjustment/repayment construction. No advance, order, or payment is supplied. |
| B26—history | Final statutes/original orders | Exact gap may close | Mirror/footer proves all application dates | Recover the current official fee statutes and material final enactments, especially the final 2017 chapter 47 amendment/repeal/effective provisions. Recover the relevant original rule amendments and reconcile Rule 40’s disk reference with the Rule 26.1 repeal without reviving historical charges. Preserve the separately read 2022 order only for its actual amendment and effective scope; determine any savings or transition rule from adopted text, not metadata. | Fresh: IAR 40(b)(2), https://isc.idaho.gov/rules-procedure/print/iar/40. P30-only: repealed Rule 26.1 page, https://isc.idaho.gov/rules-procedure/print/iar/26.1; P30-S005 introduced H0097; P30-S006 adopted 2022 order, detailed below. Historically failed final-act route: https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2017/legislation/H0097.pdf. Held: final statutes, original history, and application chain. No new attempt here. |
| B27—constitutional/special | Independent legal coverage | Held dependency | State generic rule resolves federal or sector law | For any identified statutory category, determine whether a specific constitutional notice/hearing requirement, public-actor immunity/payment rule, consumer or sector nonwaiver provision, or federal fee-shifting/stay/discharge rule qualifies the ordinary Idaho source. Read that authority’s scope, exceptions, and application clauses before a positive conclusion. Where the necessary category is absent, keep the authority-selection question open rather than assume universal coverage. | P30-only boundaries: IRCP 54(e)(8), https://isc.idaho.gov/rules-procedure/print/ircp/54; secondary §§ 12-120(3) and 12-117(1), (6), https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-120/ and https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-117/. Unread dependencies: applicable constitutional sanction process; public-actor and sector overrides; any actually indispensable federal fee, stay, or discharge authority. None is selected as applicable to an actual matter. |